Part V: The Criminal Justice Process 21. Arrest and Detention Although the conduct of police officers was not part of the focus of the study, the Commission received a large volume of complaints from prisoners alleging they experienced misconduct by police officers while in police custody, elements of which are raised below and require further investigation. A number of allegations were received alleging the failure of police officers to follow due process standards during arrest and detention, including the failure to produce arrest warrants or reasons for the arrest to the detainee, and the prevention of contact with family and legal representatives while in police custody. Some prisoners stated they only became aware of the charges against them when they were produced in court. Prisoners also alleged they were held in police custody for longer than the 24-hour limit, before being produced before a magistrate, and this was executed by altering dates/times of arrest on the police records or court document. A large number of inmates described being asked to provide a signature on a blank piece of paper onto which a confession would be written or typed by the police; the contents of the statement are not informed to the suspect. Inmates reported being subject to intimidation and threats of physical violence, suspension of meals in custody, prolonged detention without bail, and threats to the security of their families when they resisted providing a statement as requested. The failure to follow process standards during arrest and detention was widely reported by PTA prisoners. The patterns in the arrest process narrated by the interviewees illustrated that it did not adhere to due process safeguards, with many reported being abducted from their homes, workplaces or while travelling, families not being provided an arrest receipt or provided information on the place of detention, being held in unauthorized places of detention, and being subjected to torture and forced to sign confessions in a language they did not understand. Their contact with family and lawyers was prohibited during the days, weeks and in some cases even months following the arrest, with some families not being informed of the arrest even months after the arrest. Being held in prolonged incommunicado administrative detention, without judicial oversight to monitor the detainee’s wellbeing, creates a situation that allowed confessions to be obtained under physical duress. Despite the directives and safeguards enshrined in law, without an oversight and accountability mechanism in place for arresting authorities, or effective judicial oversight, protecting the wellbeing of detainees arrested under PTA will not be possible. A number of specific trends were observed among the procedures used to arrest women. It was often reported there were no women police constables at the time of the arrest and transportation to the police. Women police constables were reportedly also not present when many women were held overnight at the police station. Serious allegations were made by several women who stated the female police undertook invasive body cavity searches while arresting them in order to search for drugs. Several female detainees also alleged they xxviii